In re Appeal of Final Order on Request for Reconsideration of the Cost Report Findings for Berlin Health & Rehabilitation, Inc.

Reiber, CJ.

¶ 1. Berlin Health & Rehabilitation, Inc., a Vermont nursing home facility, appeals pursuant to 33 V.S.A. § 909(a)(1) from the Director of the Division of Rate Setting’s partial denial of its request for reconsideration of the facility’s “allowable costs” for 2002. At issue is the disallowance of certain legal fees that Berlin incurred in connection with the unionization of its employees. Specifically, Berlin challenges the disallowance of fees incurred in connection with unfair-labor-practice (ULP) charges brought by the union, and fees incurred for activities related to a…